ARCHIVES
VOL. 8, ISSUE 2 (2026)
The liability of nickel mining companies for losses suffered by the community due to waste pollution
Authors
Nurbia Umbra, Dr. Nancy Silvana Haliwela, Roulinta Yesvery Sinaga
Abstract
Article 67 (1) of Law No. 32 of 2009 on Environmental
Protection and Management stipulates that every person has the right to a
good and healthy environment. In accordance with this provision, mining
companies are required to organize their operations in a manner that protects the community and
prevents waste pollution. Nevertheless, instances of environmental
pollution and degradation that impact the community are still found. One such activity is nickel
mining and processing in the IWIP area, which also causes waste pollution
leading to a decline in water quality and adversely affecting the health of
communities surrounding the mining operations. The research method employed is
normative legal research, which involves an approach based on legislation and a
conceptual approach that examines legal principles and legal
doctrines. The purpose of this study is to examine the liability of nickel
mining companies for waste pollution and the legal actions taken by communities
affected by such pollution. The results of the study indicate that nickel
mining companies are liable for waste pollution and the losses suffered by
communities based on liability for fault whether due to negligence or willful
misconduct through obligations for compensation and environmental restoration.
Affected communities may pursue non-litigation measures or file civil lawsuits
under the Environmental Protection and Management Law (UU PPLH) and Article
1365 of the Civil Code, either individually, through a class action, or via
environmental organizations. Therefore, it is crucial for the government to
conduct oversight and enforce the law, as well as to enhance supervision of
waste management by companies.
Download
Pages:286-289
How to cite this article:
Nurbia Umbra, Dr. Nancy Silvana Haliwela, Roulinta Yesvery Sinaga "The liability of nickel mining companies for losses suffered by the community due to waste pollution". International Journal of Law, Policy and Social Review, Vol 8, Issue 2, 2026, Pages 286-289
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.